Douglas Aircraft Co., Inc.

National Labor Relations Board - Board Decisions

Jul 8, 1943

51 N.L.R.B. 140 (N.L.R.B. 1943)

In the Matter of DOUGLAS AIRCRAFT COMPANY, INC. and LOCAL 782,
INTERNATIONAL BROTHERHOOD OF TEAMSTERS , CHAUFFEURS, WARE-
HOUSEMEN & HELPERS OF AMERICA, A. F. OF L.
Case No. B-5536.-Decided July 8, 1943
Messrs . John J. Balluff and Ira Andrews, of Park Ridge , Ill., for
the Company.
Mr. K. M. Hindley , of Chicago , Ill., and Mr. Melvin Decker, of
Maywood, I11., for the Teamsters.
Mr. H. E. Baker, of Chicago, Ill., for the C. 1. 0.
Mr. R. W. Riddle, of Chicago , Ill., for the I. A. M.
Mr. William R. Cameron , of counsel to the Board.
DECISION
AND
DIRECTION OF ELECTION
STATEMENT OF THE CASE
Upon petition duly filed by Local 782, International Brotherhood
of Teamsters, Chauffeurs, Warehousemen & Helpers of America, A. F.
of L., herein called the Teamsters, alleging that a question affecting
commerce had arisen concerning the representation of employees of
Douglas Aircraft Company, Inc., Park Ridge, Illinois, herein called
the Company, the National Labor Relations Board provided for an
appropriate -hearing upon due notice before Robert R. Rissman, Trial
Examiner. Said hearing was held at Chicago, Illinois, on June 17,
1943. The Company and the Teamsters appeared, participated, and
were afforded full opportunity to be heard, to examine and cross-exam-
ine witnesses, and to introduce evidence bearing on the issues.' The
Trial Examiner's rulings made at the hearing are free from preju-
' dicial error and are hereby affirmed.
All parties were afforded opportunity to file briefs with the Board.
'Representatives of the United Automobile , Aircraft and Agricultural Implement Workers
of America , C. I 0, and of the International Association of Machinists , hereinabove referred
to respectively as the C I 0 and the I A M , were present at the hearing , but sjated
that they did not desire, to intervene and disclaimed any interest in the unit hereinafter
found appropriate.
51 N. L. R B., No. 30.
140
DOUGLAS AIRCRAFT COMPANY, INC. 141
Upon the entire record in the case, the Board makes the following :
FINDINGS OF FACT
1. THE BUSINESS OF THE COMPANY
Douglas Aircraft Company, Inc., is a Delaware corporation which
,operates plants in several States of the Union. We are here con-
cerned only with its plant at Park Ridge, Illinois, known as the Chi-
cago plant, where it is engaged in the manufacture of aircraft parts.
The plant, together with all machinery and raw materials, is owned by
the United States Government. The Company operates the plant
under a cost plus fixed-fee contract, and all employees are employed
by the Company. During the 3-month period of March, April, and
May, 1943, raw materials amounting in value to more than $1,000,000
were used at the Chicago plant, of which approximately 80 percent
was delivered to the plant from points outside the State of Illinois.
During the period from June through December 1943, the Company
will deliver aircraft and aircraft parts, amounting in value to more
than $5,000,000, from its Chicago plant to the United States Army
Air Force, for use throughout the world. The Company concedes
that it is engaged in commerce within the meaning of the National
Labor Relations Act.
II. THE ORGANIZATION INVOLVED
Local 782, International Brotherhood of Teamsters, Chauffeurs,
Warehousemen & Helpers of America, affiliated with the American
Federation of Labor, is a labor organization admitting to member-
ship employees of the Company.
III. THE QUESTION CONCERNING REPRESENTATION
On or about April 1, 1943, the Teamsters requested the Company
to recognize it as the exclusive bargaining representative of the driv-
ers in the transportation division of the Company's Chicago plant.
The Company refused this i'equest and referred the Teamsters to the
Board for certification.
A statement of the Regional Director, introduced in evidence at the
hearing, indicates that the Teamsters represents a substantial number
of employees in the unit hereinafter found to be appropriate?
2 The Regional Director reported that the Teamsters had submitted authorization cards,
all of which are dated in March , and April 1943, and bear the apparently genuine signatures
of persons whose names are on the Company's pay roll of April 21, 1943. These namep
represent 60 percent of all truck drivers employed by the Company.
142 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
We find that a question affecting commerce has arisen concerning
the representation of employees of the Company within the meaning
of Section 9 (c) and Section 2 (6) and (7) of the Act.
IV. THE APPROPRIATE UNIT
The Teamsters seeks a unit composed of all drivers employed by
the Company in the transportation division of its Chicago plant, ex-
cluding supervisory employees. The Company contends that all em-
ployees at the Chicago plant should constitute the appropriate bar-
gaining unit. Under the supervision of its transportation depart-
ment, the Company maintains numerous trucks, passenger automo-
biles, tractors, and street sweepers. ' The drivers sought to be repre-
sented by the Teamsters operate all of the afore-mentioned types of
vehicles 3 Actual working practice has established that drivers nor-
mally compose a distinct functional group having duties and interests
differing from those of other production and maintenance employees.
No other organization is presently seeking to represent the drivers,
and the organizational efforts of the Teamsters have been confined
to this group.
We find that all drivers employed by the Company in the trans-
portation division of its Chicago plant, excluding supervisory em-
ployees with authority to hire, promote, discharge, discipline, or
otherwise effect changes in the status of employees, or effectively
recommend such action, constitute a unit appropriate for the purposes
of collective bargaining within', the meaning of Section 9 (b) of the
Act.
V. THE DETERMINATION OF REPRESENTATIVES
It was contended by the Company at the hearing that since con-
siderable expansion in personnel is contemplated at the Chicago plant,
an election to determine the bargaining representative of the drivers
should be postponed until such time as a more representative num-
ber of employees is employed in the entire plant, at which time the
question of collective bargaining representation may be determined
8 The transportation division also employs dispatchers , lead men, mechanics , and clerical
employees , none of whom operates motor vehicles . In addition , two crane operators are
employed in the operation of the division 's one Link-Belt crane . None of the foregoing
employees is included within the unit sought by the Teamsters.
4 Drivers have often been excluded by the Board from units of production and mainte-
nance employees. Matter of Cudahy , Packing , Company, 4 N. L. R B . 39; Matter of Armour
& Company, 7 N. L. R . B 710; Matter of Inland Steel Company, 9 N. L R B 783; Matter
of Century Biscuit Company, 9 N. L. R B 1257 ; Matter of Armour & Company , 10 N. L.
R. B. 912; Matter of Seymour Packing Company, 12 N. L. R. B . 1098; Matter of Moulton
Ladder Manufacturing Company, 27 N L. R. B. 40; Matter of Fairmont Creamery Company,
42 N. L . R. B. 1041; Matter of United States Cartridge Company, 45 N. L R . B. 1043;
Matter of The Sherwin -Williams Defense Corporation , 46 N. L . R. B. 325; Matter of
Lone Star Defense Corporation , 47 N. L. R. B. 1247.
DOUGLAS AIRCRAFT COMPANY, INC. 143
for the plant as a whole. The record discloses, however, that while
a considerable increase in employees generally is expected, there is
no certainty as to how many, or when, additional drivers will be
employed. Furthermore, at the present time the Company employs
more than 50 percent of the number of drivers required under its
estimate of maximum future needs. Under these circumstances, we
do not believe that the drivers now employed by the Company should
be deprived of their right to bargain collectively pending such time
as the Company completes its program of expansion.
We shall direct that the question concerning representation which
has arisen be resolved by an election by secret ballot among the em-
ployees in the appropriate unit who were employed during the pay-
roll period immediately preceding the date of the Direction of Elec-
tion herein, subject to the limitations and additions set forth in the
Direction.
DIRECTION OF ELECTION
By virtue of and pursuant to the power vested in the National
Labor Relations Board by Section 9 (c) of the National Labor Re-
lations Act, and pursuant to Article III, Section 9, of National Labor
Relations Board Rules and Regulations-Series 2, as amended, it is
hereby
DIRECTED that, as part of the investigation to ascertain representa-
tives for the purposes of collective bargaining with Douglas Aircraft
Company, Inc., Park Ridge, Illinois, an election by secret ballot shall
be conducted as early as possible, but not later than thirty (30) days
from the date of this Direction, under the direction and supervision
of the Regional Director for the Thirteenth Region, acting in this
matter as agent for the National Labor Relations Board, and subject
to Article III, Section 10, of said Rules and Regulations, among the
employees in the unit found appropriate in Section IV, above, who
were employed during the payroll period immediately preceding the
date of this Direction, including employees who did not work during
said pay-roll period because they were ill or on vacation or tempo-
rarily laid off, and including employees in the armed forces of the
United States who present themselves in person at the polls, but ex-
cluding any who have since quit or been discharged for cause, to
determine whether or not they desire to be represented by Local 782,
International Brotherhood of Teamsters, Chauffeurs, Warehousemen
& Helpers of America, A. F. of L., for the purposes of collective
bargaining.